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Resolution - 6271r� U RESOLUTION NO. 6271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REGARDING UNCLASSIFIED USE PERMIT NO. 71, REVISION 5 (AMENDMENT) (BKK COMPANY) WHEREAS, the BKK landfill is presently operating under Unclassified Use Permit No. 71 ("UUP") issued by the City of West Covina and last amended in 1976, and WHEREAS, the UUP provides for suspension, revocation and/or amendment if it is determined that a condition thereof is violated, or that conditions have changed requiring modifi- cation of additions to the UUP, and WHEREAS, provisions of the UUP provide that BKK shall be responsible for correction and prevention of any odors emanating from the landfill site, and WHEREAS, members of the public have made complaints to the City of West Covina that odors are emanating from the landfill site, and are creating a nuisance, and . WHEREAS, in response to public complaints, on October 27, 1980, the City Council adopted a motion requesting BKK to implement odor mitigation measures and stating that if a substantial reduction in odors emanating from the site had not occurred before February 9, 1981, the City would begin the process to revoke, suspend, and/or amend the UUP, and WHEREAS, the City Staff was directed to develop a method to scientifically measure the odors emanating from the landfill, and WHEREAS, the City Council contracted with EUTEK, INC., at a cost of $172,000 to make scientific measurements of odors emanating from the BKK Landfill site, set forth possible mitigation measures that could be implemented, and to report its findings to the City, and WHEREAS, the EUTEK report dated January 31, 1981, concluded that there has been a 73% reduction in odors emanating from the Landfill, and WHEREAS, at the request of the City Council, the State Department of Health Services and the County Deparment of Health Services have continued to inspect the Landfill site and have reported to the City that their inspections have disclosed no health hazards, and • WHEREAS, notwithstanding the above EUTEK Report, odors continue to emanate from the site and members of the public are continuing to make complaints to the City that such odors from the landfill are creating a nuisance. NOW THEREFORE, the City Council of the City of West Covina, hereby finds, declares and resolves as follows: i • • 1. That the City Manager of the City of West Covina is directed to and is hereby authorized to issue to BKK a notice of violation of UUP No. 71; 2. The said notice shall be sent to BKK and all applicable regulatory agencies; 3. That the matter is hereby referred to the Plan- ning Commission of the City of West Covina which shall take action as follows: (a) Initially determine whether an Environmen- tal Impact Report (EIR) should be prepared for action to revoke, suspend, and/or amend the UUP, and if so prepare an EIR or have prepared an EIR for said action or actions; (b) Notice and hold a public hearing on alleged violations of UUP No. 71 and determine whether or not as a result of said hearing to revoke, suspend, and/or amend the UUP No. 71. (c) The above actions be implemented as expeditiously as possible. APPROVED AND ADOPTED this 9th day of February , 1981. G> . MAYOR ATTEST: City Clerk I hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of West Covina at a regular meeting thereof held on the 9th day of February , 1981, by the following vote of the Coun icn l: AYES: Councilmen: Bacon, Tennant, Chappell, Tice, Shearer NOES: Councilmen: None ABSENT: Councilmen: None APPROVED AS TO FORM: City Attorney City ClerX �t -2-